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12/20/2005 Minutes I I OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 20, 2005 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on December 20,2005. Notice of the meeting was given in the Grand Island Independent on December 14,2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker. INVOCATION was given by Pastor Mike Reiners, Peace Lutheran Church, 4018 Zola Lane followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek gave the "State of the City" address in which he mentioned the many activities taken place within the city over the past year. Mentioned were changes in the public safety departments, major improvements such as the Grand Generation Center expansion, library expansion, new fire station, and new police/sheriff department public safety center. Environmental improvements at the wastewater treatment plant was a goal that would be looked at by council next year along with a 10 percent reduction in the tax levy. Also mentioned were the major projects facing each department within the city. PRESENTATIONS AND PROCLAMATIONS: Musical Presentation by the La Camerata Madrigal Singers Under the Direction of Pam Ahlman. The La Camerata Madrigal Singers presented three holiday selections for the Mayor and City Council. PUBLIC HEARINGS: Public Hearing on Request of Club 69. Inc. dba Club 69. 106 East 3rd Street for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that Nickie Kallos, Jr. owner of Club 69, Inc. dba Club 69, 106 East 3rd Street had submitted an application with the City Clerk's Office for a Class "C" Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on November 17, 2005; notice to the applicant of date, time, and place of hearing mailed on November 29, 2005; notice to the general public of date, time, and place of hearing published on December 10, 2005; along with , .'/'i."<'., I I Page 2, City Council Regular Meeting, December 20, 2005 ~ Chapter 4 of the City Code. John McDermott, Attorney for Nickie Kallos, Jr. spoke in support. No further public testimony was heard. Public Hearing on Change of Zoning for Land Proposed for Platting as Autumn Park Third Subdivision from RD Residential Development to Amended RD Residential Development. Chad Nabity, Regional Planning Director reported that M. Timm Development, owner of the land proposed for platting as Autumn Park Third Subdivision, requested an amended plan which was originally approved in 1995. The amended plan proposed 16 unit buildings instead of 12 unit buildings. Tony Clark, representing M. Timm Development spoke in support. Greg Baxter, 1723 Bridle Lane spoke about concerns of drainage. No further public testimony was heard. Public Hearing on Acquisition of Utility Easements Located at 1932 Aspen Circle. (Northstar Plaza. LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 1932 Aspen Circle was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The purpose of this easement would be to locate electric underground cable and a three phase pad-mounted transformer to provide electrical service to a new building. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement Located at 4179 Old Potash Highway. (Barry & Jolynn Niedfelt) Steve Riehle, Public Works Director reported that acquisition of a utility easement located at 4179 Old Potash Highway was needed in order to provide public sewer to serve the development of Copper Creek Subdivision. No public testimony was heard. ORDINANCES: Councilmember Pielstick moved "that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9021 - Consideration of Vacation of all Public Utility Easements in Lot 1 of Autumn Park 2nd Subdivision (Undeveloped Property West of 3720 West State Street) #9022 - Consideration of Change of Zoning for Land Proposed for Platting as Autumn Park Third Subdivision from RD Residential Development to Amended RD Residential Development be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to callout the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage." Councilmember Gilbert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Steve Riehle, Public Works Director reported on Ordinance #9021. The developer of Autumn Park 2nd Subdivision requested the easements be vacated since this subdivision was never developed and Autumn Park Third Subdivision would have utilities in different locations. Discussion was held concerning Ordinance #9022 and drainage. Chad Nabity, Regional Planning Director reported that it was proposed to create a concrete lining to the north of the property to drain into Moores Creek. Maintenance and green space were also discussed. I I Page 3, City Council Regular Meeting, December 20, 2005 Motion by Pielstick, second by Hornady to approve Ordinance #9021 and #9022. City Clerk: Ordinances #9021 and #9022 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9021 and #9022 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9021 and #9022 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Item G-7 was pulled for questions. Motion by Cornelius, second by Hornady to approve the Consent Agenda excluding Item G-7. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 6, 2005 City Council Regular Meeting. Approving Minutes of December 13. 2005 City Council Study Session. Approving Re-Appointments of Vie Aufdemberge. George Bartenbach. Jim Berglund. and Matthew Armstrong and the Appointment of Joan Dillenbach to the Business Improvement District #5 Board. Approving Request of Nickie Kallos. Jr.. 1704 East 6th Street for Liquor Manager Designation for Club 69. 106 East 3rd Street. Approving Preliminary Plat for Autumn Park Third Subdivision. #2005-348 - Approving Final Plat and Subdivision Agreement for Autumn Park Third Subdivision. It was noted that Milan E. Timm, owner proposed to create 25 lots on a parcel of land located in the SEl/4 of Section 12-11-10. #2005-350 - Approving Acquisition of Utility Easement Located at 1932 Aspen Circle. (Northstar Plaza. LLC) #2005-351 - Approving Bid Award for One (1) 700 Horsepower Motor Repair with Hupp Elect4ric Motors of Cedar Rapids. Iowa in an Amount of$70.573.74. #2005-352 - Approving Engineering Services Contracts Black & Veatch of Kansas City. Missouri and Sargent & Lundy of Chicago. lllinois. #2005-353 - Approving Engineering Services for Riverway Hike/Bike Trail with Olsson Associates of Grand Island and Lincoln. Nebraska in an Amount of $32.248.00. I I Page 4, City Council Regular Meeting, December 20, 2005 #2005-354 - Approving Acquisition of a Public Utility Easement Located at 4179 Old Potash Highway. (Barry & Jolynn Niedfelt) #2005-355 - Approving Change Order NO.1 to the Contract for Construction of Sanitary Sewer District 515 with The Diamond Engineering Company of Grand Island. Nebraska for an Increase of $7.466.00 and a Revised Contract of $520.099.30. #2005-356 - Approving Certificate of Final Completion with The Diamond Engineering Company of Grand Island. Nebraska and Scheduling the Board of Equalization for Sanitary Sewer District No. 515. Dale Roush Subdivision (Indian Acres). #2005-357 - Approving Certificate of Final Completion for Asbestos Removal and Demolition of Improvements Located West of the Edith Abbott Memorial Library with Environmental Director. Inc. of Grand Island. Nebraska. #2005-358 - Approving State Bid Award for 3/4 Ton Pickup Truck (Solid Waste Division) with Anderson Ford of Grand Island. Nebraska in an Amount of $27.315.00. #2005-359 - Approving Amendment NO.3 to the Police and Firefighters Pension Plans. #2005-360 - Approving Hall County Local Emergency Operations Plan (LEOP). #2005-349 - Approving Intent to Annex Land Located South of Old Potash Highway and East of Engleman Road and Schedule Public Hearing for January 24, 2006. Discussion was held concerning the time frame for services to be available. Chad Nabity, Regional Planning Director reported that sewer would be available by the summer of 2006 and the developer would pay the costs. It was reported that water was already available. Motion by Gilbert, second by Hornady to approve Resolution #2005-349. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request of Club 69. Inc. dba Club 69. 106 East 3rd Street for a Class "C" Liquor License. Motion by Whitesides, second by Pauly to approve the request of Club 69, 106 East 3rd Street for a Class "C" Liquor License. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady to approve the Claims for the period of December 7, 2005 through December 20, 2005, for a total amount of $3,742,417.70. Motion adopted unanimously. Councilmember Pielstick abstained from voting on claim #115417. Motion by Cornelius, second by Hornady to approve the following Claims for the Library Expansion: I I Page 5, City Council Regular Meeting, December 20, 2005 #9 $23,266.20 #10 140,651.24 #11 1,333.36 #12 50.00 #13 225.00 Motion adopted unanimously. Each Councilmember gave a holiday greeting, thanking the Mayor, City Administrator, staff, employees, and constituents for the past year. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. Do\\w. ~~ RaNae Edwards City Clerk